Answer By law4u team
Bharatiya Nagarik Suraksha Sanhita, 2023 - Section 430: Suspension of sentence pending the appeal; release of appellant on bail
(1) Pending any appeal by a convicted person, the Appellate Court may, for reasons to be recorded by it in writing, order that the execution of the sentence or order appealed against be suspended and, also, if he is in confinement, that he be released on bail, or on his own bond:
- Provided that the Appellate Court shall, before releasing on bail or on his own bond a convicted person who is convicted of an offence punishable with death or imprisonment for life or imprisonment for a term of not less than ten years, shall give opportunity to the Public Prosecutor for showing cause in writing against such release.
- Provided further that in cases where a convicted person is released on bail, it shall be open to the Public Prosecutor to file an application for the cancellation of the bail.
(2) The power conferred by this section on an Appellate Court may be exercised also by the High Court in the case of an appeal by a convicted person to a Court subordinate thereto.
(3) Where the convicted person satisfies the Court by which he is convicted that he intends to present an appeal, the Court shall,—
- (i) where such person, being on bail, is sentenced to imprisonment for a term not exceeding three years, or
- (ii) where the offence of which such person has been convicted is a bailable one, and he is on bail,
order that the convicted person be released on bail, unless there are special reasons for refusing bail, for such period as will afford sufficient time to present the appeal and obtain the orders of the Appellate Court under sub-section (1); and the sentence of imprisonment shall, so long as he is so released on bail, be deemed to be suspended.
(4) When the appellant is ultimately sentenced to imprisonment for a term or to imprisonment for life, the time during which he is so released shall be excluded in computing the term for which he is so sentenced.
Brefe Detail
Section 430 of the Bharatiya Nagarik Suraksha Sanhita, 2023, provides guidelines for the suspension of a sentence while an appeal is pending. It allows the Appellate Court to suspend the execution of a sentence and grant bail to the convicted person under certain conditions. Special considerations are mandated for serious offenses, such as those punishable by death or long-term imprisonment, requiring input from the Public Prosecutor. Additionally, the section allows the High Court to exercise similar powers and ensures that if a convicted person intends to appeal, they may be granted bail unless there are compelling reasons to deny it.
Question & Answers
What does Section 430 allow the Appellate Court to do while an appeal is pending?
It allows the Appellate Court to suspend the execution of the sentence and grant bail to the convicted person for reasons recorded in writing.
What conditions must be met before releasing a convicted person on bail for serious offenses?
The Appellate Court must provide the Public Prosecutor with an opportunity to show cause in writing against the release.
Can the Public Prosecutor challenge the release of a convicted person on bail?
Yes, the Public Prosecutor can file an application for the cancellation of the bail.
Who else can exercise the powers conferred by Section 430?
The High Court can also exercise these powers in the case of appeals by convicted persons to subordinate Courts.
Under what circumstances can a convicted person be released on bail if they intend to appeal?
If the convicted person is sentenced to imprisonment for a term not exceeding three years or if the offense is bailable, they can be released on bail unless there are special reasons for refusal.
Example
- If a convicted person sentenced to two years of imprisonment intends to appeal, the Court may grant bail for the duration of the appeal process unless there are valid reasons to deny it.
- A convicted individual facing a life sentence would have their bail request reviewed by the Public Prosecutor before any decision is made.
Summary
Section 430 allows the Appellate Court to suspend a sentence and grant bail during an appeal process, while placing specific conditions on serious offenses. It ensures that the Public Prosecutor has a say in the matter and extends similar powers to the High Court. The section also outlines provisions for convicted individuals who wish to appeal, ensuring they have the opportunity to remain out of confinement pending the outcome.
